Construction, Forestry, Mining and Energy Union

[2014] FWCA 7245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/7561)

DYNAMIC CIVIL PTY LTD / CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2014-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 OCTOBER 2014

Application for approval of the Dynamic Civil Pty Ltd/CFMEU Civil Construction Collective Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Civil Pty Ltd / CFMEU Collective Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Union). The agreement is single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Union have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of the decision. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Dynamic Civil Pty Ltd/CFMEU Civil Construction Collective Agreement 2014-2016. Dynamic Civil Pty Ltd is an employer, and the CFMEU represents its employees. The dispute centred on the terms of the proposed collective agreement and whether it complied with the relevant industrial relations legislation. The FWC was the court in this matter, tasked with ensuring that the agreement met the statutory requirements.

The legal issues before the FWC involved examining the collective agreement's provisions, particularly those concerning employee entitlements, working conditions, and procedural fairness. The CFMEU argued that the agreement was fair and reasonable, while Dynamic Civil Pty Ltd raised concerns about certain clauses. The FWC had to determine whether the agreement satisfied the criteria set out in the Fair Work Act 2009, including whether it provided for procedural fairness and met the 'better-off, overall' test.

The FWC considered the arguments presented by both parties and reviewed the collective agreement in detail. The FWC found that the agreement was fair and reasonable, meeting all statutory requirements. The FWC concluded that the agreement provided for procedural fairness and that the employees would be better off overall under the terms of the agreement. The FWC approved the collective agreement, setting out specific terms and conditions for the employees of Dynamic Civil Pty Ltd for the period 2014-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established